Anti-MAGA Posts Lead to Licensing Woes for Florida Nurse

July 14, 2026

An RN in Florida has voluntarily surrendered his license following a storm of controversy over a social media post. “I will not perform anesthesia for any surgeries or procedures for MAGA,” wrote Erik Martindale. “It is my right, it is my ethical oath, and I stand behind my education. I own all of my businesses, and I can refuse anyone!”

Martindale later claimed his account had been hacked, and he didn’t post the statement.

The circumstances leading to the license surrender aren’t public, but it’s safe to assume the Florida Board of Nursing would have considered disciplinary action. Any nurse who refuses to provide care on moral, religious, or political grounds can expect scrutiny. Protect your license — and your livelihood — by contacting the Professional License Defense Team at the LLF National Law Firm now. Call 888-535-3686 or send us a message online.

Wouldn’t This RN Be Protected By FL’s Conscientious Objector Law?

Martindale’s case illuminates the conflict almost every healthcare professional experiences at least once in their career:

  • On the one hand, there are the provider’s professional duties;
  • On the other hand, there are their personal beliefs

Many states, including Florida, have laws on the books that allow nurses to refuse to participate in certain procedures on religious or ethical grounds. For example, a nurse might refuse to:

  • Assist in an abortion procedure, because they believe doing so would harm an unborn child
  • Vaccinate a patient, because they believe vaccines cause illness rather than prevent it

This type of law would not have applied to Martindale’s case, however. This is because his objection was to a type of person, not a practice or procedure.

Persons v. Procedures: What’s the Difference?

The Florida Board of Nursing would have wanted to investigate Martindale after the claims about refusing to anesthesitize patients affiliated with the MAGA movement appeared on his page, and might very well have pursued disciplinary action against him had he not surrendered his license first.

This is NOT because licensing boards expect healthcare professionals to abandon their principles every time they clock in for a shift. In addition to their right to free speech, everyone, nurses included, is entitled to their own religious beliefs, moral convictions, and political opinions.

But providers can only claim conscientious objector status on the basis of their principles when it comes to patient care — not when they’re about the patients themselves:

  • Nurses CAN (in many states, though not all) legally withhold care when they object to a procedure, practice, or medication on religious or moral grounds
  • Nurses CANNOT legally withhold care when they object to the patient because of their race, gender, religion, immigration status, sexuality, or political affiliation

Erik Martindale does not object to anesthesia. He objects to Trump supporters. Swap out “MAGA” for “vegetarians” or “basketball fans,” and the discriminatory position is clear.

What Can Other Nurses Learn From This Case?

If your licensing board receives a complaint that alleges you would refuse your duty of care for your patients because of their identity, you need a strong defense to clear things up and ensure your ability to continue practicing.

Your board exists to ensure patients are receiving safe, competent care unclouded by discrimination. The Professional License Defense Team can make this case. Call the LLF National Law Firm at 888-535-3686, or send us a message online.

 

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